Graham v. Circuit Judge
This text of 1 McGrath 62 (Graham v. Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
To quash a capias, in an action for libel, after special bail had been given and'a general appearance entered, on the ground that the article published was privileged.
Denied February 26, 1896, with costs.
Plaintiff in the suit contended that the affidavit alleged that the charges published were false and that the publication was malicious • — -(Foster vs. Scripps, 39 M., 376) — and that the general appearance operated as a waiver (Stewart vs. Hill, 1 M., 265; Stone vs. Welling, 14 M., 514).
Belator insisted that the article was privileged and hence not libelous (Wachsmuth vs. Bank, 96 M., 426; Johnson vs. Morton, 94 M., 1) and that a general appearance waives irregularities but not jurisdictional defects (Watkins vs. Plummer, 93 M., 215; Stevenson’s case, 32 M., 60).
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1 McGrath 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-circuit-judge-mich-1896.